Allowed

Govind Kumar Sharma v. The State of Bihar

Patna HC8 Jul 2019CWJC/8581/2019

Case brief

AI extract

What is this about?

Petitioner sought provisional release of a motorcycle seized for smuggling liquor. Court directed release upon production of ownership, registration, two sureties, and specific undertakings, subject to pending confiscation proceedings.

What did the court decide?

Release of the seized motorcycle provisionally on production of ownership documents, two sureties, and execution of affidavits/undertakings as specified.

Govind Kumar Sharma Vs The State of Bihar — Patna HC (2019) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8581 of 2019

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Govind Kumar Sharma, Son of Ramashish Sharma, At and P.O.-Chhatwan, P.S. Keoti, District-Darbhanga.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Department of Excise, Patna, Bihar.

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The District Magistrate, Madhubani.

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The Incharge Police Station, Sakara, Distt- Darbhanga.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Md. Soban Asghar, Adv. For the Respondent/s : AC to GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 08-07-2019

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

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The petitioner prays for provisional release of the motorcycle bearing registration No. BR07AE9614, Engine No. JF1FJ1412461, Chasis No. MD6256GF13J1F28710, which has been seized in connection with Sakri P.S. Case No.134 of 2018, District Madhubani for the offences punishable under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that 1.800 litres of India Made Foreign Liquor has been seized; the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list

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Patna High Court CWJC No.8581 of 2019 dt.08-07-2019 2/3

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supports the seizure of the motorcycle and 1.800 litres of India Made Foreign Liquor.

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Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is yet to be initiated, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the designated court below with two sureties to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties shall also furnish the following affidavits/ undertakings:

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(i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future.

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(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.

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(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

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(iv) Prior to release of the vehicle, a Panchanama would be prepared by the designated court below wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial.

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Patna High Court CWJC No.8581 of 2019 dt.08-07-2019 3/3

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The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above, which would however be subject to initiation and finalization of the confiscation proceeding, if any.

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With the observations above, this writ petition is

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allowed.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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skpathak/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	15.07.2019
Transmission Date	NA

Govind Kumar Sharma v. The State of Bihar

Case brief

What is this about?

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Govind Kumar Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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